Dishonest Misappropriation of Property | A is on a train journey. He takes the suitcase having money and valuable ornaments of B believing to be his own… Is A guilty of ‘dishonest misappropriation of property? Give reasons.

Dishonest Misappropriation of Property | Question: A is on a train journey. He takes the suitcase having money and valuable ornaments of B believing to be his own, as the suitcase of B was of the same colour, size and company, which the suitcase of A had. Is A guilty of ‘dishonest misappropriation of property’? Give reasons.

Find the answer to the mains question only on Legal Bites. Dishonest Misappropriation of Property | [A is on a train journey. He takes the suitcase having money and valuable ornaments of B believing to be his own… Is A guilty of ‘dishonest misappropriation of property? Give reasons.]

Answer

One of the essential requirements to constitute the offence of dishonest misappropriation of property under section 403, IPC is that the act was done with a dishonest intention.

Criminal misappropriation takes place not when one has innocently come into the possession of a thing, but when by a subsequent change of intention, or from the knowledge of some new fact with which the party was not previously acquainted, he keeps it, after which the retaining becomes wrongful and fraudulent.

Illustration (a) to the section also clarifies the same: A takes property belonging to Z out of Z does possession, in good faith, belief, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

A suitable example of innocent intention when picking up the property is of Kesho Ram’s case [1889 PRN No 36] the accused who was the servant of A, was entrusted with A’s money for the purpose of purchasing grain at J. He left for J with the money and went off to H without giving any information to A of his departure; subsequently, he gave a false account of it. He was arrested at H and the entire money was found in his possession.

It was contended for him that he could not be convicted for criminal misappropriation, as the money had been found intact with him and there was no evidence that he had converted it to his own use. But it was held that the first possession being lawful, the misappropriation consisted not in any actual expenditure of the money, but in the mental act or intent to deprive the master of his property without any outward or visible trespass, which was rightly inferred from the conduct of the accused.

In the present case at hand, it is clear from the facts that A when takes the suitcase having money and valuable ornaments of B believing to be his own, as the suitcase of B was of the same colour, size and company, which he had, his intention was innocent. So, A shall not be liable to be held guilty for dishonest misappropriation of property under section 403, IPC.

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